ACTIVE CASES

Johnson v. Benson

The Amistad Project announced a lawsuit against Michigan Secretary of State Jocelyn Benson asking the state Supreme Court to invalidate the state’s election results, arguing that state and local officials engaged in unlawful conduct in how they handled the election. The suit claims that Benson’s COVID-19 measures by sending unsolicited absentee ballot applications to every household in the state violated election laws and the intent of the Michigan legislature. The Amistad Project is representing a poll challenger and a voter in this suit.

Nov. 27: Lawsuit announced. Court says the documents will be docketed as filed on Nov. 30 due to court rules. The plaintiffs are also asking the court to consider their claims urgently.

King v. Whitmer (2:20-cv-13134)

Lawyer Sidney Powell filed a lawsuit in a Michigan federal court on behalf of a group of Republicans alleging that “massive election fraud” and violations to the state election code in the Nov. 3 election. It claims that the fraud took place through a “troubling, insidious, and egregious ploy ” of ballot stuffing, which gave Democratic nominee Joe Biden a lead in the state. The fraud allegedly was rendered invisible through the help of using election software and hardware from Dominion Voting Systems, the lawsuit claims. Plaintiffs in the civil action are six registered Michigan voters and nominees of the Republican Party to the electoral college.

Nov. 25: Lawsuit filed in a federal court.

Cheryl A Costantino v City of Detroit (20-014780-AW)

The Great Lakes Justice Center filed a lawsuit (pdf) in Wayne County Circuit Court alleging voter fraud in ballot-counting procedures. The suit alleges county election officials allowed various fraudulent processing of votes, including telling poll workers to backdate ballots and not verify signatures on absentee ballots. Several witnesses have filed sworn affidavits attesting to alleged election fraud. The plaintiffs, two poll challengers, are seeking a temporary restraining order on ballot counting. The judge in the case heard arguments on Nov. 11 over a motion asking the court to block the certification of election results, to order an audit, and for a protective order.

Nov. 9: Lawsuit filed

Nov. 11: Judge hears arguments over a motion asking the court to block the certification of election results, to order an audit, and for a protective order.

Nov. 13: Judge denies the requests submitted in the plaintiffs’ motion. The plaintiffs sought an order for an audit of the election and a delay to the certification of the results.

Nov. 16: The plaintiffs appeal the judge’s order issued on Nov. 13. The Michigan State Court of Appeals denied the appeal.

Nov. 17: The plaintiffs appeal the Michigan State Court of Appeals decision at the Michigan Supreme Court.

Nov. 23: Michigan Supreme Court ruled 6–1 to deny the plaintiffs’ request for the court to review the lower court’s decision on injunctive relief. In a concurring opinion, Justice Brian Zahra, joined by another justice, said Michigan’s certification of the results had rendered the request to block the certification moot, however, he ordered the trial court to expeditiously consider the other issues in the case related to allegations of voter fraud.

Nov. 25: Plaintiffs lawyers file a motion seeking an audit of Nov. 3 election results under the Michigan Constitution.

Donald J. Trump for President, Inc. v. Benson (Trial court: 20-000225–MZ; Michigan Court of Appeals: 355378) 

The Trump campaign filed a lawsuit in Michigan to halt vote counting until Republican observers are granted adequate access.

Nov. 4: Lawsuit filed.

Nov. 5: Michigan judge denies request by the Trump campaign.

Nov. 6: The Trump campaign files a motion asking the state’s court of appeals to review the case. The Michigan Court of Appeals subsequently sends a letter to the campaign on Nov. 9 asking for missing documents.

Nov. 18: The City of Detroit filed a request to join the lawsuit.

INACTIVE CASES

Donald J. Trump for President, Inc. v. Benson (1:20-cv-01083) – U.S. District Court Western District of Michigan Southern Division

The Trump campaign sued Michigan Secretary of State Jocelyn Benson and other officials in a federal court, alleging pervasive election irregularities and violations in Wayne County. The lawsuit is also seeking to determine the accuracy of tabulating equipment or software used in the state due to reports of malfunctioning software. On Nov. 19, the Trump campaign announced it was withdrawing the lawsuit after two Republicans on an election board in Wayne County rescinded their votes to certify the county’s 2020 election results.